AMENDMENT 2
Section 1B1.2(a) is amended by deleting "guideline" the first time it appears and inserting in lieu thereof "offense guideline section".
Section 1B1.2(a) is amended by inserting the following additional sentence at the end of the subsection: "Similarly, stipulations to additional offenses are treated as if the defendant had been convicted of separate counts charging those offenses.".
Section 1B1.2(b) is amended by deleting:
"The court shall determine any applicable specific offense characteristic, victim-related adjustment, or departure from the guidelines attributable to offense conduct, according to the principles in §1B1.3 (Relevant Conduct).",
and inserting in lieu thereof:
"After determining the appropriate offense guideline section pursuant to subsection (a) of this section, determine the applicable guideline range in accordance with §1B1.3 (Relevant Conduct).".
The Commentary to §1B1.2 captioned "Application Notes" is amended in Note 2 by deleting:
"any applicable victim-related adjustment from Chapter Three, Part A, and any guideline departures attributable to the offense conduct from Chapter Five, Part K, using a ‘relevant conduct’ standard, as that standard is defined in §1B1.3.",
and inserting in lieu thereof:
"and any other applicable sentencing factors pursuant to the relevant conduct definition in §1B1.3.".
The Commentary to §1B1.2 captioned "Application Notes" is amended in Note 3 by deleting:
"In such instances, the court should consider all conduct, circumstances, and injury relevant to the offense (as well as all relevant offender characteristics). See §1B1.3 (Relevant Conduct).",
and inserting in lieu thereof:
"See §§1B1.3 (Relevant Conduct) and 1B1.4 (Information to be Used in Imposing Sentence).".
Reason for Amendment: The purposes of this amendment are to correct a clerical error and to clarify the operation of the guidelines.
Effective Date: The effective date of this amendment is January 15, 1988.